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HomeMy WebLinkAbout2013-11-05; City Council; 21404; Vacate Easement Public Road Purposes STV 13-04CITY OF CARLSBAD - AGENDA BILL AB# 21.404 A RESOLUTION TO SUMMARILY VACATE AN DEPT. DIREaOR MTG. 11/05/13 EASEMENT FOR PUBLIC ROAD PURPOSES, LOCATED SOUTHERLY OF PALOMAR AIRPORT ROAD AND EXTENDING SOUTHERLY TO AND ACROSS MELROSE CITY ATTORNEY DEPT. CED EASEMENT FOR PUBLIC ROAD PURPOSES, LOCATED SOUTHERLY OF PALOMAR AIRPORT ROAD AND EXTENDING SOUTHERLY TO AND ACROSS MELROSE CITY MANAGER DRIVE-STV 13-04 RECOMMENDED ACTION; ADOPT Resolution No. 2013-252 to APPROVE the summary vacation of an easement for public road purposes, generally located southerly of Palomar Airport Road and extending southerly to and across Melrose Drive, STV 13-04. ITEM EXPLANATION; San Marcos Unified School District (SMUSD), owner of a portion of Parcel 2 of Certificate of Compliance Doc. No. 94-0497667 and Parcel 3 of Certificate of Compliance Doc. No. 94-0497669, lying adjacent to the southeast corner of Poinsettia Lane and Melrose Drive (Exhibit 2), has requested vacation of an easement for public road purposes. Background Pursuant to an easement grant deed executed by Carrillo Rancho Partnership, recorded February 24, 1977 as Doc. No 77-068082, the city acquired a strip of land for public road purposes extending from Palomar Airport Road southerly across the future alignment of Melrose Drive, terminating in the SMUSD property described above. The easement grant deed contained language providing for the quitclaim of said easement upon the happening of certain events set forth in the Carrillo Rancho Parks Agreement between Carrillo Rancho Partnership and the city. This agreement was re-stated and re-recorded on June 2, 1997 as Doc. No. 1997-0254867. Said re-stated agreement states that, upon or prior to commencement of physical development activities within the Rancho Carrillo Master Plan, the city shall quitclaim or vacate as appropriate any interest in said public road easement from Palomar Airport Road. Physical development of the Rancho Carrillo Master Plan has commenced as evidenced by the completed and occupied residential subdivisions a 97-03, Rancho Carrillo Villages K, P, E and F, recorded as Map 13799 and Map 13833, both over and along the route of said easement. Section 8331 of the State of California Streets and Highways Code provides for the summary vacation of a street or highway that for a period of five consecutive years has been impassable for DEPARTMENT CONTAa: Steve Bobbett (760) 602-2747 steve.bobbett@carlsbadca.gov FOR CITY CLERKS USE ONLY CONTINUED TO DATE SPECIFIC COUNCIL ACTION: APPROVED & CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • highway during such period. No portion of the easement was improved for vehicular travel and no public money was expended for maintenance. Staff has concluded that the easement is not required for present or future street or highway purposes. Pertinent city departments have been notified of the proposed street vacation and no objections have been received. Utility companies have been notified ofthe proposed street vacation and no objections have been received. Staff is recommending that the Council approve this vacation. ENVIRONMENTAL IMPACT; The proposed easement vacation does not qualify as a "project" under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA Guidelines Section 15378 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. FISCAL IMPACT; The easement was acquired by the city for a no fee cost acquisition and the city will vacate the easement for a no fee cost return to the property owner EXHIBITS; 1. Resolution No. 2013-252 2. Location Map 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 RESOLUTION NO. 2013-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE AN EASEMENT FOR PUBLIC ROAD PURPOSES, LOCATED SOUTHERLY OF PALOMAR AIRPORT ROAD AND EXTENDING TO AND ACROSS MELROSE DRIVE - STV 13-04. . WHEREAS, San Marcos Unified School District, owner of a portion of Parcel 2 of Certificate of Compliance Doc. No. 94-0497667 and Parcel 3 of Certificate of Compliance Doc. No. 94-0497669, has requested vacation of an easement for public road purposes; and WHEREAS, this easement, located southerly of Palomar Airport Road extending southeriy to and across Melrose Drive was granted to the City per Doc. No.77-068082 recorded February 24,1977 in the office of the county recorder of San Diego County, State of California; and WHEREAS, said easement was not improved for vehicular travel and no public money was expended for maintenance; and WHEREAS, Section 8331 of the State of California Street and Highways Code provides for the summary vacation of a street or highway that for a period of five consecutive years has been impassable for vehicular travel and where no public money was expended for maintenance on the street or highway; and WHEREAS the vacation is consistent with the General Plan of the City of Carisbad; and WHEREAS, the city engineer has determined that said easement is not required for present or future street purposes; and WHEREAS, pertinent city departments have been notified of the proposed vacation and no objections have been received; and /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Carisbad has determined it to be in the public interest to vacate the easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, California, as follows: 1. That the above recitations are true and correct. 2. That it is Council's said intention to summarily vacate for public road purposes the easement recorded February 24,1977 as Doc. No. 77-068082. 3. That the city clerk is instructed to record this resolution in the Office of the County Recorder of San Diego County. 4. That upon the date this resolution is recorded in the Office of the County Recorder of San Diego County, the easement being vacated no longer constitutes a public street. /// /// /// /// /// /// /// /// /// /// /// /// /// PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 5^^ day of November, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Blackburn, Douglas. None. ABSENT: Council Member Wood. 9 10 11 12 13 14 15 16 17 i: 19 20 21 22 23 24 25 26 27 28 ATTEST: BARBARA ENGLESON, Ci# Clerk rt.OnED fly? SCOrr EVANS PLOT DATE:10/21/13 PAW:D:\fiEm.OPUENJ PROJECTS\STV\STVt3-04.DWG